77-5-741 - Bonds to be secured by resolution, trust indenture or other security instrument; contents.
§ 77-5-741. Bonds to be secured by resolution, trust indenture or other security instrument; contents.
In the discretion of the governing board of the issuer, any bonds issued under the provisions of this article may be secured by a resolution, a trust indenture or other security instrument, and in this regard the issuer may enter into an agreement with any trust company or bank having the powers of a trust company within or without the state to act as trustee for such bonds. Such resolution, trust indenture or other security instrument providing for the issuance of such bonds may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, and may restrict the individual right of action by bondholders.
The resolution, trust indenture or other security instrument providing for the issuance of such bonds may, in the discretion of the governing board of the issuer, contain covenants including, but not limited to, the following:
(a) The pledge of all or any part of the revenues derived or to be derived from the project or projects to be financed by the bonds or from the electric system or facilities of a municipality or a joint agency.
(b) The rents, rates, fees and charges to be established, maintained and collected, and the use and disposal of revenues, gifts, grants and funds received or to be received by the municipality or joint agency.
(c) The setting aside of reserves and the investment, regulation and disposition thereof.
(d) The custody, collection, securing, investment, and payment of all moneys held for the payment of bonds.
(e) Limitations or restrictions on the purposes to which the proceeds of sale of bonds then or thereafter to be issued may be applied.
(f) Limitations or restrictions on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, or the refunding of outstanding or other bonds.
(g) The procedure, if any, by which the terms of any contract with bondholders may be amended, the percentage of bonds the bondholders of which must consent thereto and the manner in which such consent may be given.
(h) Events of default and the rights and liabilities arising thereupon, the terms and conditions upon which bonds issued under this article shall become or may be declared due before maturity, and the terms and conditions upon which such declaration and its consequences may be waived.
(i) The preparation and maintenance of a budget.
(j) The retention or employment of consulting engineers, independent auditors and other technical consultants.
(k) Limitations on or the prohibition of free service to any person, firm or corporation, public or private.
(l) The acquisition and disposal of property, provided that no project or part thereof shall be mortgaged by such resolution, trust indenture or other security instrument.
(m) Provisions for insurance and for accounting reports and the inspection and audit thereof.
(n) The continuing operation and maintenance of the project.
Sources: Laws, 1978, ch. 363, § 18; Laws, 1981, ch. 383, § 1, eff from and after passage (approved March 20, 1981).